Original Intent: The Battle for America

One of the many things at stake in the 2008 presidential election was the possibility of a new Supreme Court appointment. President George W. Bush has added a pair of conservative judges who, much like Justices Antonin Scalia and Clarence Thomas, adhere to a judicial philosophy termed Original Intent or “originalism,” which relies on the principle that the U.S. Constitution cannot be interpreted beyond the original meaning and intention of its authors, the Founding Fathers. The opposing viewpoint sees the Constitution as being open to interpretation, its meaning evolving through time. Although Anthony Sherin's documentary aligns itself with the latter camp, Original Intent does present both sides of this complicated issue. Originalists such as Supreme Court nominee Robert Bork, along with authors, legislators, law school professors (many of whom clerked for various Supreme Court Justices), and NPR Legal Affairs Correspondent Nina Totenberg all weigh in on topics ranging from the history of originalism (a response to “liberal activist judges”) to the long-term implications of having what one legal scholar describes as an “ultra-conservative” Supreme Court. As these speakers discuss the imprecise language in the Constitution—including “freedom of speech” or “cruel and unusual punishment”—and examine specific cases like Brown v. The Board of Education, which were based on interpretations beyond the original meaning of the Constitution, the problems inherent in the originalist argument become clear. A solid documentary that reminds us of how the Constitution and Supreme Court are relevant to our everyday lives, this is recommended. Aud: C, P. (J. Wadland)